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29 Jun 2022, 12:35 pm by Eugene Volokh
Our holding does not, as the State contends, elevate the Board and MUS to a fourth branch of government or provide the Board veto power over state laws it disagrees with. [read post]
14 Feb 2017, 3:16 pm by Amy Howe
The Supreme Court endorsed such a test in a case called Boumediene v. [read post]
6 Nov 2018, 9:30 am by Steven J. Tinnelly, Esq.
  This was the case in Branches Neighborhood Corporation v. [read post]
5 Jun 2013, 4:56 am by Timothy P. Flynn
The United States argued that the Court should hear the appeal and hold that DOMA was unconstitutional as applied to deny recognition to a marriage that was legal under the law of the state where the couple resided, and further argued that BLAG did not have standing, because it was the responsibility of the executive branch alone to defend the constitutionality of a federal law. [read post]
16 Nov 2011, 10:45 am by John Elwood
  And after taking an extra week to mull over a late-filed supplemental brief, the Court doled out a GVR in the once-relisted Branch Banking and Trust v. [read post]
24 Mar 2010, 8:34 am by ---------------------------------
The plaintiff asked the Court to consider her claim under the Court’s previous standard stated in Fyffe v. [read post]
12 Feb 2008, 10:34 pm
This debate happened to come just a few days after I taught Brown v. [read post]
27 Mar 2008, 1:00 pm
This post is part of our Discussion Board regarding the Court's decision in Medellin v. [read post]
24 Apr 2019, 4:04 am by Edith Roberts
At The Interdependent Third Branch, M. [read post]
3 Mar 2020, 9:01 pm by Vikram David Amar
It might be that because conditional funding (and conditional preemption) involves “deals” between the feds and the states—unlike ordinary preemption, in which states are given no choice in the matter—vagueness by Congress should be curable by the executive branch. [read post]
15 Dec 2019, 9:05 pm by Gillian E. Metzger
In addition, Jon Michaels has described how the multiple internal forces and constraints within the administrative state, such as the combination of career and political officials, serve to replicate and enforce the Constitution’s division of branches and powers. [read post]
8 May 2023, 1:54 pm by Seth Davis
Crim argued that this 2014 decision no longer controls because in 2015 Congress amended the statute to state that the Tax Court is “not an agency of, and shall be independent of, the executive branch of the Government. [read post]
15 Nov 2023, 3:52 pm by Jared Williamson
It does not engage in checks and balances with the executive branch, but rather allows the courts to control the destiny of the administrative state. [read post]